San Diego Trail Company
Commercial Trail Ride Adult Rider
Hold Harmless and Indemnification Agreement
This Commercial Trail Ride Adult Rider Hold Harmless and Indemnification Agreement is being entered into as of June 18, 2021 by San Diego Trail Company ("Operator") of 14875 Mina De Oro, Poway, CA, 92064 and ("Rider").
1. Purpose of Agreement. Operator is in the business of providing trail rides on horseback for recreational purposes. Rider wishes to participate in one or more rides offered by Operator and as part of such activities, ride and handle one or more horses. In consideration for Operator permitting Rider to participate in such ride(s) and related activities, Rider agrees to release and indemnify Operator and certain other parties from all claims as set forth in this agreement.
2. Rider’s Representations and Warranties. Rider makes each of the following representations and warranties on behalf of Rider and Rider’s guardians, heirs and assigns (collectively, the “Rider Parties”):
(a) Rider is 18 years old or older and has the requisite authority to enter into this Agreement upon behalf of the Rider Parties.
(b) Rider does not have any physical or mental conditions that may prevent Rider from safely mounting, dismounting, riding, leading, grooming or otherwise being around horses and other large animals.
(c) Rider is not under the influence of drugs or alcohol.
3. Horse Behavior and Suitability of Horses for Rider. While Operator will make reasonable efforts to evaluate horses’ suitability for Rider, Operator can make no guarantees that the horse(s) selected by Operator for Rider will be suited to Rider’s skill level and safe for Rider to handle. Horses are large flight animals with minds of their own, and even the most well-trained horse can act or react in a way that is unexpected, including running at high speeds and suddenly bucking or rearing violently. In matching horses with Rider, Operator will rely upon Rider’s representations in Section 3.
4. Consent to Medical Treatment. In the event that Rider is injured or appears to be injured during the horse-related activities, and Rider is not conscious or appears to have impaired judgment at the time of such injury, Rider hereby authorizes Operator and its employees and agents who are 18 years old and older to consent to medical care or dental care, or both, for Rider. The authority granted by this section includes the authority to consent to any X-ray examination, anesthetic, medical diagnosis, surgical diagnosis, medical treatment, surgical treatment or hospital care under the supervision, and upon the advice of, a physician. The authority granted by this section also extends to any X-ray examination, anesthetic, dental diagnosis, surgical diagnosis, dental treatment, surgical treatment or hospital care under the supervision, and upon the advice of, a dentist. Rider agrees to reimburse and hold Operator harmless for the cost associated with such treatment, even in the event that applicable health insurance does not fully cover the costs of such treatment.
5. Rider’s Hold Harmless Agreement.
5.1. Safe Behavior around Horses. To help prevent injuries and/or death, Rider agrees to follow carefully all instructions given to Rider by Operator regarding horse behavior and handling. Rider agrees to follow carefully all of Operator’s rules and use tack and other equipment only as directed by Operator.
5.2. Safe Riding Attire. Rider agrees to wear heeled boots, long pants, a long-sleeved shirt and gloves designed for riding when handling or riding horses and an ASTM/SEI certified safety helmet fastened securely under the chin while riding. If Rider does not wear these items, Rider assumes the increased risk of injury or death associated with failing to wear such protective attire. Rider agrees that while Operator may make safety helmets available for use by Rider, Operator has no duty to provide safety attire for Rider.
5.3. Risk of Injury or Death to Rider. Rider understands that horse-related activities are inherently dangerous and expressly assumes the risks associated with handling, caring for and riding horses as part of the activities offered by Operator. Rider understands that horses are inherently unpredictable animals and even the most well-trained and docile horse may occasionally bolt, spook, buck, rear, bite, kick, pull back or otherwise act in such a way that may injure Rider or others. The property on which the activities take place may contain defects. For example, footing at the facility, including arena, round pen, trail and pasture footing, can contain holes, rocks, uneven portions or otherwise be unpredictable. Rider expressly assumes all risks of riding and engaging in horse-related activities, including the risk that Operator and/or Operator’s owners, officers, directors, employees, agents or contractors (collectively, the “Operator Parties”) may be negligent. Accordingly, Rider agrees upon behalf of the Rider Parties not to sue the Operator Parties or the owners or lessees of any land on which the horse activities take place, or otherwise make a claim against such parties in connection with any injury or death.
5.4. Trail Riding Risks. Rider understands that riding horses in unenclosed areas, including but not limited to public and private trails (“Trail Riding”), is inherently dangerous. In particular, horses may become spooked by domestic animals or livestock, wild animals, motorized vehicles, bicycles, pedestrians, other horses or other hazards, causing Rider to fall off or otherwise become injured or die. Horses may also stumble or trip over natural or manmade obstacles, injuring horses and/or Rider. Rider understands that Operator does not inspect or maintain any trails or paths, and Operator makes no warranty whatsoever regarding the safety of paths and trails. Rider understands and expressly assumes all risks associated with Trail Riding, including the risk that the Operator Parties may be negligent. Accordingly, Rider agrees upon behalf of the Rider Parties not to sue the Operator Parties or the owners or lessees of any land on which the horse activities take place, or otherwise make a claim against such parties in connection with any injury or death.
5.5. Rider’s Indemnification Agreement. Rider agrees to defend, indemnify and hold the Operator Parties and the owners and lessees of any land on which the horse activities take place harmless against all claims, demands, and causes of action, including court costs and attorneys’ fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of any of the Rider Parties or brought by others in connection with any action or inaction taken by Rider.
5.6. Limitation of Liability. Under no circumstances shall the Operator Parties, the owners or lessees of any land upon which the horse activities take place, or any of such parties, be liable to Rider, or any of the Rider Parties, for any special or consequential damages pursuant to this Agreement. In addition to the other limitations on such parties’ liability set forth in this Agreement, under no circumstances shall such parties’ liability pursuant to this Agreement exceed the total amount of compensation actually received by Operator from Rider in connection with the horse activities.
5.7. Waiver of Unknown Claims. Upon behalf of the Rider Parties, Rider expressly waives any rights that the Rider Parties might otherwise have with regard to unknown claims. For the purpose of this section, “claims” shall include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but not exclusively, all claims arising in connection with this Agreement.
6. Entire Agreement. This agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to this agreement. No oral modifications will be considered part of the agreement unless reduced to writing and signed by all parties.
7. Governing Law and Venue. This agreement shall be governed by the laws of California (state). The parties hereby agree that any legal action under the Agreement must be brought in San Diego County, California (state).
8. Attorneys’ Fees and Other Expenses. In any legal actions brought in connection with this Agreement, the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. For the purpose of this section, “expenses” will include the following costs actually incurred by the prevailing party: Attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
9. Severability. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
PEPPERTREE FARMS EQUESTRIAN LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU AND YOUR CLIENTS ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF PEPPERTREE FARMS EQUESTRIAN LLC, THE TRAINERS, THE STABLE, THE OWNERS, EMPLOYEES AND AGENTS (COLLECTIVELY HEREINAFTER “PTFE”).
I in consideration for allowing us to handle and ride a horse on PTFE property and on behalf of the Poway Equestrian Center, LLC, its owners, managers, trainers, clients and visitors, our personal representatives, heirs, next-of-kin, spouses and assigns (collectively hereinafter the "Undersigned"), THE UNDERSIGNED HEREBY:
1. Acknowledge that a horse may, without warning or any apparent cause, buck, stumble, fall, pull back, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break - - all of which may cause the rider to fall or be jolted resulting in serious injury or death to the Undersigned or any person within close proximity of a horse.
2. ACKNOWLEDGE THAT HORSEBACK RIDING, THE HANDLING OF A HORSE OR BEING IN CLOSE PROXIMITY TO A HORSE IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because of the unpredictable nature and irrational behavior of horses, regardless of their training or past performance.
3. Agrees to wear safe riding attire including but not limited to heeled boots, long pants, a long-sleeved shirt and gloves designed for riding when visiting the premises of the stables and an ASTM/SEI certified safety helmet fastened securely under the chin while riding. If Undersigned does not wear these items, Undersigned assumes the increased risk of injury or death associated with failing to wear such protective attire. Undersigned agrees that PTFE has no duty to provide safety attire for Undersigned.
4. Release PTFE from any and all claims that PTFE were negligent in connection with anyone riding a horse including but not limited to training or selection horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or leading and supervising riders or being on the premises of the stables, which resulted in loss, damage, injury or death.
5. RELEASE, DISCHARGE AND PROMISE NOT TO SUE, INDEMNIFY, SAVE AND HOLD HARMLESS PTFE from and against any loss, liability, injury (including death), damage or cost they may incur arising out of or in any way connected with handling or riding a horse or being in close proximity to a horse or on the premises of the stables or the failure to wear a protective helmet when riding a horse.
6. Agree to abide by and follow any instruction given or rules established by PTFE or any of its employees with regard to handling or riding a horse or being in close proximity to a horse or on the premises of the stables.
7. Agrees that the Undersigned has read and understands the following language of Section 1542 of the California Civil Code which provides "a general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the Debtor". Having reviewed the provision, the Undersigned nevertheless voluntarily release PTFE from any and all liability for claims arising out of the matters set forth herein. The Undersigned understand the word "claims" to include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but nonexclusively, all claims arising out of the matters set forth herein. For the purpose of implementing a full and complete release, all claims are forever barred by this release without regard to whether those claims are based on the alleged breach of duty arising under contract or in tort or any other claims or cause of action. Accordingly, the Boarder expressly waive all rights afforded by Section 1542 of the Civil Code of the State of California and any similar statute or regulation in any other applicable jurisdiction and acknowledges this release by placing its initials below.
8. Agreement is governed by laws of the State of California and is intended to be as broad and inclusive as is permitted by California Law, and that in the event any portion of this Agreement is determined to be invalid illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
9. Acknowledge that this document is a contract and agree that if a lawsuit is filed against PTFE for any injury or damage in breach of this contract, the Undersigned will pay all attorney's fees and costs incurred by PTFE in defending such an action.
10. I have read this document. I understand it is a promise not to sue and to release and indemnify PTFE, its owners, employees and agents for any and all claims. I have made a free and deliberate choice to sign the Release and Waiver as a condition to PTFE allowing us to ride or handle a horse on the property. I have concluded that the risks involved and the Release and Waiver of Liability is worth the pleasure of horseback riding and acknowledges that the same is valuable consideration for this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
THIS FORM MUST BE SIGNED BY ALL OWNERS OF POWAY EQUESTRIAN CENTER, LLC AND THE LAND OWNERS.
RELEASE FROM LIABILITY
This RELEASE FROM LIABILITY is made and entered into by and between VISITOR/RIDER, and TF EQUESTRIAN CENTER LLC dba POWAY EQUESTRIAN CENTER, and if VISITOR/RIDER is a minor, as parent or guardian. In return for the use today, and on all future days, of property, facilities, and services, the VISITOR/RIDER, his/her assignees, and legal representative, hereby expressly agree to the following:
1. Visitor/Rider is responsible for full and complete insurance coverage on his/her horse, personal property, and him/herself.
2. Visitor/Rider understands there are inherent risks and dangers in and around equine activities, including, though not limited to lessons, and there is risk of injury and damage to them personally, to their horse(s) and to their belongings. Knowing these facts, Visitor/Rider nevertheless, in consideration of the acceptance of this contract hereby on behalf of myself, my heirs, executors, and administrators waive, release, discharge, and hold harmless TF Equestrian Center LLC dba Poway Equestrian Center, its Owners, Board of Directors, and Officers, unless such injury or damage is directly caused by TF Equestrian Center, LLC dba Poway Equestrian Center, its Owners, Member-Owners, Board of Directors or Officers.
3. Visitor/Rider acknowledges that there are risks upon Poway Equestrian Center Property, located at 14875 Mina De Oro, Poway, CA 92064, and facilities including, without limitation, but not limited to: the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire, the unavailability of emergency assistance, and/or the negligence and/or deliberate neglect of any person(s).
4. Visitor/Rider agrees to hold harmless and release Owner/Management and/or all successors, assignees, affiliates, officers, directors, employees, and agents from any and all liability in connection with, any claims, causes of action, injuries, damages, cost or expenses arising out /or presence upon Poway Equestrian Center property and/or facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, unless such claims, causes of action, injuries, damages, costs or expenses are directly caused by Owner/ Management, all successors, assignees, affiliates, officers, directors, employees, and agents.
5. Visitor/Rider agrees to abide by any and all Poway Equestrian Center rules and regulations, and Rider specifically is responsible for using protective gear, i.e. helmet and riding boots.
6. Poway Equestrian Center reserves the right to dismiss any person(s) and/or animal(s), from said property if the Owner/Management determines the person(s)/animal(s) are deemed dangerous, unfit, neglected and/or for any other reasons not otherwise mentioned.
7. This contract is non-assignable/non-transferable/non-negotiable and shall be enforced and interpreted under the laws of the State of California. When Visitor/Rider (and Vistor's/Rider's parent or guardian, if such is a minor) signs this contract it will be binding and subject to the above-stated terms and conditions.
I HAVE READ AND FULLY UNDERSTAND THE CONTENTS OF THIS RELEASE OF LIABILITY CONTRACT.
Amendment to Liabilities
AUTHORITY TO DISCONTIUE PARTICIPATION
The EVENT HOST and/or CONTRACTOR (San Diego Trail Company, hereafter referred to as “SDTC”) has the sole discretion to determine, after observing the child, whether or not the child is of sufficient age or maturity to participate in the pony ride(s). SDTC has the ultimate authority to determine who may ride and/or take part in the animal related activities. SDTC refers the rider and/or the guardian of said rider to the rules and instructions on safe handling of animals. SDTC has authority to discontinue a child’s participation if SDTC believes the child’s continued participation would be a safety risk to the child, other children, or any animal.
In the event that a rider is injured or appears to be injured during the horse- related activities, and the rider or rider’s representative/guardian designated above are not present at the time of such injury, rider or rider’s representative/guardian hereby authorizes SDTC and/or its employees and/or agents who are 18 years old or older, to consent to medical care or dental care, or both, for rider. The Authority granted by this section includes the authority to consent to any X-ray examination, anesthetic, surgical diagnosis, surgical treatment or hospital care, dental diagnosis and/or dental treatment , under the supervision, and upon the advice of, a medical doctor and/or dentist. Rider or rider’s representative/guardian agrees to be responsible for the cost of any service or treatment provided.
CONSENT TO USE IMAGE OR LIKENESS OF RIDERS FOR ADVERTISING PURPOSES
I understand that San Diego Trail Company (the “Contractor”) often takes pictures and/or video of horse related activities and events that are used for their portfolios and advertising. I give my permission for the Contractor to use any pictures and/or video that may include my family or myself for it’s portfolios, for advertising, and for any other commercial purpose.
ADDENDUM TO LIABILITY RELEASE
EQUINE LIABILITY ACT
UNDER THE EQUINE ACTIVITY LIABILITYACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISK OF ENGAGING IN AND LEGAL RESPONSIBILTY FOR INJURY, LOSS OR DAMAGE TO PERSON OR PROERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES.
WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542 AND COMPARABLE LAWS
It is the intention of Rider and/or Rider’s Guardian to expressly, knowingly and voluntarily waive any and all rights and benefits conferred upon Rider and/or Rider’s Guardian by section 1542 of California Civil Code, or any comparable provision of law, which states as follows;
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
MISCELLANEOUS CLAUSES: ALL WAIVERS
The failure to insist upon compliance with any term, covenant, or condition contained in this agreement shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power contained in this agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.
MISCELLANEOUS CLAUSES: COUNTER PARTS
This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this agreement delivered by facsimile, email or other means of electronic transmission shall be deemed a waiver or relinquishment of any right or power at any other time or times.
I HAVE READ AND FULLY UNDERSTAND THE CONTENTS OF THIS ADDENDUM TO ADULT/YOUTH LIABILITY RELEASE.
Today's Date: June 18, 2021
The World Heath Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines and some prohibitions which The Poway Equestian Center, LLC and San Diego Trail Company adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledges and agrees to the following: I am aware of the existence the existence of the risk on my physical appearance to the venue and my participation in the activity that may cause injury or illness due to COVID-19 that may lead to death. I have not experienced symptoms of fever, fatigue, difficulty in breathing or dry cough or exhibited any other symptoms related to COVID-19 in the last 14 days. I have not been, nor any members of my household, diagnosed to be infected with COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following: I am fully and personally responsible for my own safety and actions while and during my participation and I recognize that I may be in any case at risk contracting COVID-19. With full knowledge of the risks involved, I hereby release, waive, discharge the organization, officers, independent contractors, affiliates, employees, representatives, successor and assigns from any and all liabilities, claims, demands, actions and causes of actions whatsoever directly or indirectly arising out of or related to any loss, damage, injury or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on or around the premises or while using the facilities that may lead to unintentional exposure or harm due to Covid-19 symptoms. I agree to indemnify, defend, and hold harmless The Poway Equestian Center, LLC and San Diego Trail Company from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from our related to any and all claims made by or against any of the released party due to injury, loss or death from or related to COIVD-19.